Legal Question in Credit and Debt Law in New York
Wage Garnishment
Two weeks ago a garnishment appeared on my paycheck. I contacted the payroll department where I work and they had to call corporate headquarters to find out further information. I got a call back from them and they told me it was a hospital bill from New York (from 12 years ago) and they are taking 10% of my salary until $10,000 is paid off. I never received a notice from the hospital or their attorneys at any time regarding this matter in the past 12 years! I don't even have any paperwork on the matter so I don't know if I previously sent any payment. Although I had been hospitalized on other occasions and moved to another location, I should have received some notice when my mail was forwarded.
I've only been on this job for 6 months on a part-time seasonal basis. I am lucky if I work 3 days a week.
Isn't it illegal for someone to garnish your wages without first informing you? I'm also trying to find out what part the company I am working for played in this matter.They refuse to give me a copy of the document.
I am really upset about this because it has taken me 13 years to get back on my feet again and this is happening without further explanation.
The hospital or attorney haven't returned my calls.
3 Answers from Attorneys
Re: Wage Garnishment
You need a copy of the garnishment in order to protect yourself. To put it a different way, how do you know that the employer actually received a garnishment if they won't show it to you?
Once you get the garnishment, you need to bring on a motion to vacate the judgment and for restitution of what they (wrongfully) received by serving a wage execution without notice to you. And mirabilis dictu, you get to sue the snot out of the law firm that did this, because it's substantially certain (unless you lied in your post) that they violated the federal Fair Debt Collection Practices Act. You can also get a copy of the lawsuit papers by checking your credit report and requiring verification of the debt from the credit bureaus.
Re: Wage Garnishment
Previous replies are sufficient to get you started. If you have difficulties, seek competent counsel.
Re: Wage Garnishment
A garnishment requires a court judgment against you. You certainly have the right to obtain a copy. I suggest you contact your employer to see what information they received.
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